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YANEK v. STAAR SURGICAL CO.

No. CV 04-8007 SJO(CWX), CV 04-8263 SJO(CWX), CV 04-8613 SJO(CWX).

388 F.Supp.2d 1110 (2005)

Eugene N. YANEK, et al., Plaintiff(s), v. STAAR SURGICAL COMPANY, et al., Defendant(s). Roy Russell, Plaintiff, v. Staar Surgical Company and David Bailey, Defendants. Susan L. Rubin, Plaintiff, v. Staar Surgical Company and David Bailey, Defendants.

United States District Court, C.D. California.

September 19, 2005.

Attorney(s) appearing for the Case

Peter Binkow, Robin B. Howald and Avi Wagner of Glancy Binkow and Goldberg LLP, for plaintiff.

Dan Marmalefsky and Mark McDonald of Morrison & Foerster, Los Angeles, CA, for the defendant.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

OTERO, District Judge.

This matter is before the Court on Defendants STAAR Surgical Company ("STAAR" or "the Company") and David Bailey's Motion to Dismiss Plaintiffs' (Yanek, et.al.) Consolidated Complaint pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA") and Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. The Court deemed this matter appropriate for decision without oral...

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